Wright County Board Minutes

MAY 12, 1998

The Wright County Board met in regular session at 9:00 A.M. with Russek,
Rose, Mattson, Jude, and Sawatzke present.

Sawatzke made the following corrections to the 5-05-98 Board Minutes:
Page 2, last paragraph, last sentence was changed to read, "Sawatzke
moved to amend the motion eliminating the authorization to hire the work
for $600, seconded by Jude, carried 3-2 with Mattson and Russek casting
the nay votes" and Page 4, 2nd paragraph, line one should read, "Salkowski
said today the Board should address the licensing procedure and fee establishment
pertaining to the vertical expansion and any future requests." Motion
to approve the minutes as corrected was made by Russek, seconded by Sawatzke,
carried 5-0.

The State Demographer is required by law to produce annual population
and household estimates for Minnesota's counties, cities and townships.
Groshens referenced the 4-1-97 estimates and indicated that the city and
township clerks have received a copy. The estimates are subject to change
and not considered final until released by the Minnesota Department of Revenue
in July. The 1997 estimated population is 82,493 (increase of 2,509 over
last year) with 28,171 households.

The March Revenue/Expenditure Guidelines were reviewed. Groshens stated
the percentages are off due to the extra payroll which occurred in January.
She pointed out two revenues in the Corrections area: Page 10, Booking
Fees, reflecting 77% and Boarding of Prisoners, 54%. Russek moved to acknowledge
receipt of the guidelines, seconded by Mattson, carried 5-0.

As part of her participation in AMCO group, Groshens has been reviewing
the potential of Wright County purchasing off of the Hennepin County Contract
for election ballots. The Counties of Ramsey, Dakota, and Carver are also
considering this option. The prior contract was reviewed by the Attorney's
Office. Groshens anticipated a savings and requested authorization to pursue
this issue further. Jude moved to approve the request, seconded by Sawatzke,
carried unanimously.

On a motion by Russek, second by Mattson, all voted to approve the claim
of Morris Excavating Inc., $850.00, for work on County Ditch 7.

Brian Asleson, Asst. County Attorney, said Wright County has been acting
as caretakers (on behalf of the State) for the Krey property in Waverly.
A request was received to secure the site. Prior action by the County Board
involved turning down the request of the property owner to repurchase the
tax forfeited property. Subsequently, the owner filed legal action against
the County but it has not been pursued. The Attorney's Office is in the
process of attempting to have the action dismissed by the Court. If it is
dismissed, the City of Waverly would have first option of purchasing the
property. Mattson made the motion to secure the building as well as possible
with the assistance of the Parks Department and to keep track of costs expended
to potentially recover them when the property is sold. Motion carried 5-0
on a second by Sawatzke.

At the request of the County Attorney, Jude moved to establish a Deferred
Compensation Committee meeting on 5-27-98 at 10:00 a.m., seconded by Sawatzke,
carried unanimously.

The claims listing was reviewed. Mattson referenced the claim on page
5 to the City of Buffalo ($28,864.21) for utility services and stated that
utilities are not generally this high. Norman responded that the County
pays utilities for the Government Center, the Annex Building, the Human
Services Center, and the West parking lot street light. Groshens said the
bill indicates it is a corrected bill for past shortages. Groshens referenced
a claim on page 15, DLT Solutions ($785.00) and said this claim was already
paid and will be removed from the claims listing. Sawatzke moved to approve
the claims as listed in the abstract, subject to audit, with the removal
of the claim to DLT Solutions. The motion directs Groshens to review the
claim from the City of Buffalo before it is paid. Motion carried 5-0 on
a second by Mattson.

In December, 1970, Wright County and Maple Lake Village purchased certain
property for Ney Park from the Dirkswager family. Retained by Margaret Dirkswager
was a 1.6 acre parcel where she resided until she passed away in March,
1998. At the time of the land purchase in 1970, an option agreement was
executed by the Dirkswagers which would allow the 1.6 acres to be purchased
for Ney Park for $5000 following the death of Margaret Dirkswager. Asleson
brought forth the possibility of exercising this option. Ralph Borell, acting
Parks Administrator, spoke with Eddie Raiche who said the intent was to
restore the parcel to park land once Dirkswager passed away. The Ney Park
Fund has a $4,500 balance which can only be used for land acquisition (not
maintenance). The City of Maple Lake must also vote to exercise this option.
Asleson indicated that the City of Maple Lake is not interested in expending
funds for the maintenance of Ney Park. At the suggestion of Asleson, Jude
moved to exercise the option and purchase the 1.6 acre parcel. The motion
would direct Borell and Asleson to approach the Maple Lake City Council
on the same action. The Ney Park Fund balance of $4,500 will be used along
with $500 of Park Dedication Fees. Motion carried 5-0 on a second by Sawatzke.
Asleson will contact the Dirkswager family.

At 9:35 A.M., Rose opened the Wright County Feedlot Ordinance/Moratorium
Public Hearing. Tom Salkowski, Planning & Zoning Administrator, said
the Ordinance was divided into two sections at the last Committee Of The
Whole Meeting. The first section relating to performance standards, setbacks,
sizes and zoning codes would be effective immediately. The second section
relating to Wright County assuming permitting aspects from MPCA, would be
effective in January, 2000. Asleson referenced draft document changes to
Section 8 (Minimum Standards), 8.003 Building, Holding Basin, Lagoon, and
Manure Storage Area Setbacks. On page 18, (2) Post-Ordinance Feedlots,
the draft now reflects straight reciprocal setbacks due to law passed by
the State Legislature. On page 17, 8.003, the first paragraph will read,
"No permits shall be issued for the construction of an open-air clay,
earthen, or flexible membrane lined swine waste lagoon or holding pond.
This prohibition does not apply to repair or modification related to an
environmental improvement of an existing lagoon or holding pond, nor does
it apply to containment basins constructed to handle runoff only from existing
animal feedlots, as necessary to correct a potential pollution hazard."
On page 25, Section 15 (Effective Date) the 1st paragraph was changed to
read, "This Ordinance shall be in full force and effect after publication
with the following exceptions: Sections 6.002 (b), (c), and (i), 6.003
(a) - (d), 6.004, 7.002, 7.003, 7.004, 10.001 and 10.002 shall be effective
from and after January 1, 2000."

The SWCD Board would like to meet with the County Board to discuss registration
and funding. Asleson also understood that if SWCD takes part in the inventory,
they would like clear direction from the County Board and also with the
grant application deadline of 6-1-98, they suggested that Planning &
Zoning draft a document for inventory purposes. Rose responded that the
directive was to meet the Type 2 survey so that the County is eligible for
grant funds. The Type 2 inventory is to identify potential pollution hazards.

Jude has been opposed to the Ordinance all along and does not agree with
Wright County taking over State Mandates which the MPCA is supposed to be
following. He said the main concern originally dealt with monitoring of
large feedlots, but the focus now involves small operators. He said a problem
hasn't been identified with the small farmer and that the Ordinance could
be reviewed in two years after facts are gathered. He felt small farmers
are forced out of business fast enough. Mattson responded that the Ordinance
would provide protection for all farmers. He said agriculture needs to
be protected and that there needs to be an Ordinance. Sawatzke has been
in contact with small to medium size farmers who feel the ordinance is proactive
and protects them. He questioned Jude on what item in the Ordinance would
push a small operator out of business. Jude said by virtue of having to
register feedlots, the County is sending a signal that they are checking
for compliance and it is one more step toward regulation. He said the State
has a budget surplus and should be completing what they are mandated to
provide.

Russek said the Feedlot Committee was made up of farmers from different
levels, non-farmers and business people. The ordinance which was developed
was compatible for all. The Ordinance was put together to help keep people
in business and to assist them with problems. He referenced the work of
the SWCD which receives funds to assist with problems. Although Russek agreed
with Jude's position that the State should be handling this effort, he noted
that the State does not have enough staff to monitor the entire program.
Three public hearings were held to obtain input. He felt the County should
lift the moratorium so that people can continue to farm. Steven Philbrook,
Waverly, was a member of the Feedlot Review Committee. He referenced the
efforts of the Committee, SWCD, Planning & Zoning and the Extension
Office. He felt the Board should have been more proactive in acting upon
the Ordinance. When the draft was first out, he voted against it as he felt
some issues were left out. He said many times issues are pushed to the lowest
form of government to handle. He referenced the County's position that
the State should perform what they are mandated to do, and the Township
waiting for the County to handle the issue. Philbrook thought that graduated
setbacks and population density should have been included in the Ordinance.
He inquired how many of the Board members toured Metro Dairy, with the
response being that they all did. Philbrook asked whether the Board took
the time to visit with residents surrounding Metro Dairy to address their
experiences. He said without doing that, they had not completely done their
job.

John Uecker, Annandale, is opposed to the Ordinance with his biggest
concern being the registration process. Rose responded that this process
will be to assess the number of feedlots and problems. Regarding penalties
imposed, the misdemeanor language was removed from the Ordinance. If a feedlot
is not registered within two years, current setback requirements would apply.
Uecker said the County should do a better job of enforcing current Planning
& Zoning Ordinances rather than creating new ones that are not enforced.
Uecker suggested the Board visit with the average dairy farmer. Rose responded
that the farmers that they talked to support registering feedlots and the
fact that they can be inactive for five years and still be grandfathered
into the original setbacks.

Pat Fitzsimmons said that many farmers are convinced that they are polluting
and therefore are afraid to register their feedlots. He felt an inventory
of the feedlots in Wright County would be beneficial and would show a decrease
in the number of actual feedlots. He felt the Ordinance was fair and supported
lifting of the Moratorium so people can proceed with farming.

Virgil Scherping, Metro Dairy, stated he has both small and large feedlot
permits. One he has in Carver County is only for 150 animal units. He spoke
of the SWCD efforts in assisting with potential runoff into two wetlands.
The SWCD designed a berm at no cost to Scherping. He said if there is a
potential pollution hazard, the SWCD can be very helpful. Regarding larger
feedlots, he has demonstrated that a large, safe operation can be run according
to State and local standards. Scherping felt that the Ordinance with setbacks
would be fair to everyone.

Steve Philbrook said that when Blue Earth County's Ordinance was enacted
two years ago, it was found that less than 10% of the facilities were polluting.
In those situations, the SWCD would be available for assistance. He said
the Feedlot Committee worked through issues of concern and the purpose was
to look at the future of Wright County. Russek added that the SWCD does
go to a great extent to assist people.

Brad Paumen, Albion Township, said the issue started out as a Scherping
problem. The State has ordinances for large feedlots, and he did not see
a gain for the remainder of the farmers registering. He felt State standards
should be published in the newspaper and that violations should be reported
to the MPCA or the SWCD. Bowman thought the County should do a better job
of enforcement of current County Ordinances before they look into other
issues.

Norman referenced page 25 of the draft Ordinance and requested changing
the title of "County Administrator" to "County Coordinator".
Asleson said the resolution to dissolve the moratorium would be presented
at the 5-19-98 County Board meeting. Due to publishing requirements for
enactment of an Ordinance, he estimated that the Ordinance would become
effective 5-25-98. The Public Hearing was closed at 10:17 A.M. Russek moved
to adopt the Feedlot Ordinance with the changes noted today, seconded by
Mattson, carried 4-1 with Jude casting the nay vote. Jude moved to direct
Asleson to draw up a resolution removing the Moratorium on feedlots for
presentation at the next County Board meeting, seconded by Russek. The effective
date for lifting the Moratorium will be 5-25-98. Motion carried 5-0. A summary
of the Ordinance follows:

The Wright County Feedlot Ordinance is an Ordinance regulating the location,
development, operation, and expansion of animal feedlots within the unincorporated
areas of Wright County. The ordinance is designed to promote best farm management
practices and to protect the environment, the public health and safety,
and the general welfare of the citizens of Wright County.

Major features of the Ordinance include a feedlot inventory and registration,
setbacks and zoning controls, and the County assuming permitting responsibility
from the Pollution Control Agency. The feedlot inventory is to begin in
1998. Existing feedlots with 10 or more animal units and without a current
permit must register with the County within two years, or by approximately
June 1, 2000. Failure to register will subject existing feedlots to all
setback and area requirements of the Ordinance. Also effective from the
outset are certain setback requirements from residential development for
new feedlots and limits on the size of feedlots

in certain zoning districts and land use plan areas. In order to protect
existing animal feedlots, new residential development will be required to
meet similar setbacks.

Effective January 1, 2000, the County will be the permitting authority,
with permits required for feedlots with 50 or more animal units (10 or more
animal units in shoreland areas). Permits for feedlots with over 1,000 animal
units will still be issued by the Pollution Control Agency. The Ordinance
also regulates storage, transportation and land application of animal manure.

A printed copy of the complete Wright County Feedlot Ordinance is available
for inspection during regular office hours at either the Office of Planning
and Zoning or the County Coordinator's Office.

Mike MacMillan, Court Services Director, met with the Board to request
approval for the Wright County Extension Office to coordinate and facilitate
the Wright County Parenting Through Divorce Program. During the past year
development of the program has been worked on by Court Services, Court Administration,
Extension, Human Services, Attorney and also Central Minnesota Mental Health,
Catholic Charities, Early Childhood and Family Development and the private
sector. In January of 1998, the legislature mandated that couples in divorce
proceedings with minor children attend a parenting education class. Recommendation
is that the Minnesota Extension Office in Wright County facilitate and coordinate
the program titled Parenting Through Divorce. Cost of the program is $40/individual
which will cover the increase in budget necessary for the Extension Office
to facilitate the program. Estimated cost to operate the program for a
one-year period is $15,950.00. Most expenses will be covered by the $40
registration fee. Other expenses will include parent handbooks, brochures,
speakers, scholarships, and staff costs. Staff costs include changing Mary
Ann Peterson's status from part-time to full time ($9,980.00). Norman said
they will cost out the full-time status from 6-1-98 through the end of the
year plus fringe benefits. This will reflect as a slight increase in the
full-time line item and that this amount will be transferred to the Extension
budget when transfers are completed for contract settlements, etc. Sawatzke
responded that he supported the request, but did not approve of changing
budgeted items. Norman said this will not change the bottom line of the
budget. Mattson moved to approve the program and to increase Peterson from
a part-time to a full-time employee, seconded by Russek, carried 5-0.

Dennis Biese and George Mead of the Wright County Fair Board spoke of
the renovation which had occurred at the Fairgrounds. Approximately 7 acres
of land has been cleared. The Fair Board's request is to obtain gravel from
the Rasset pit to spread on this acreage. Biese estimated a need for approximately
3000 yards over a two-year period. Wayne Fingalson, Highway Engineer, indicated
that the crushed material from the Rasset pit would work well and estimated
a stockpile of 13,000 yards. Fingalson's request was to recover the Highway
Department's cost ($1.35/yard). He also asked that the Fair Board find their
own means of transporting the gravel. Sawatzke moved to provide the gravel
for the Fairgrounds at no cost to the Fair Board and to direct the Fair
Board to arrange and fund for the hauling, seconded by Jude. The motion
includes setting a maximum of 2000 yards of gravel for this year, with any
future requests to be brought before the County Board. The Fair Board is
to make certain the contractor follows the rules for hours of operation.
In response to Jude's concern on amount of gravel taken by the contractor,
Mead indicated that a Fair Board representative would be present when gravel
is taken. Motion carried 5-0.

Mattson moved to schedule a Committee Of The Whole meeting with the Fair
Board on 6-1-98 at 7:00 p.m., Wright County Fairgrounds, seconded by Russek,
carried 5-0. Norman and Mattson will contact the Fair Board regarding the
Agenda.

At the request of Fingalson, Jude moved to authorize hire of Cynthia
Davis, Senior Clerk II-Accounting Division, Highway Department, Step 1,
effective 5-26-98. Motion carried 5-0 on a second by Russek.

Fingalson brought forth action items from the 5-8-98 Transportation Committee
Of The Whole meeting. The minutes will be presented at the next County Board
meeting.

Regarding the Cokato Maintenance Shop, Asleson was authorized to draw
up a purchase agreement with the City of Cokato which would include the
permanent easement for access from Highway 4. When this is approved and
signatures obtained, they will proceed with the sale of the property of
the present site.

In an effort to obtain sufficient State Aid miles to convert CR 118 to
a County State Aid Highway (CSAH), the County Board adopted Resolution 98-17
on 4-21-98, revoking CSAH 39 between CSAH 5 and TH 24 (1.60 miles) as a
CSAH route and made this mileage available for converting CR 118 to a CSAH
route. This is not feasible as it would result in the northern termini of
CSAH 5 ending at a non-CSAH or TH route. This request had not been submitted
to the Commissioner of Transportation. At Fingalson's request, Russek moved
to adopt Resolution #98-22 rescinding Resolution 98-17, seconded by Mattson,
carried 5-0 on a roll call vote.

Fingalson presented for approval an agreement with the City of Clearwater
which would give the flexibility of converting CSAH 63 and CSAH 7 to a County
road. The agreement has been approved by the City of Clearwater. Jude moved
to authorize signatures on the Agreement, seconded by Mattson, carried 5-0.

Fingalson referenced a handout outlining options for converting CR 118
to CSAH status. The length of CR 118 is 7.42 miles. With the current banked
State Aid mileage of 1.67 miles, the balance required to convert CR 118
to CSAH 18 would be 5.75 miles. Two scenarios were presented. Both would
involve revoking CSAH 15 to CR 117 (5.10 miles) and CSAH 35 to the City
of Buffalo (.46 miles). The variables include revoking CSAH 63 to CR 163
in Clearwater (0.23 miles) versus CSAH 53 to CR 153 in Cokato (0.25 miles).
Action would require concurrence from the cities involved. Fingalson referenced
the CSAH 35 route through the City of Buffalo and felt it would be to the
County's advantage to convert that to the Municipal State Aid Street System.
Although funds are received for maintenance of State Aid roadways, the
Highway Department receives only half of the cost of maintenance for segments
in rural areas or in cities with populations over 5000. Local property tax
dollars are used to reimburse the City for the remainder. Fingalson presented
a draft resolution revoking a portion of CSAH 35 to the City of Buffalo,
which would be contingent upon approval by the City of Buffalo. Fingalson
stated the railroad crossing in this area will be improved, with the Highway
Department providing the crossing guards and the material to the railroad
which will complete the repair. This repair will be completed before it
is officially revoked to the City. There will be a two-year maintenance
period of that segment (estimated at less than $1000/year). Jude moved to
authorize Fingalson to contact the City of Cokato with a revised Cooperative
Agreement approving the revocation of CSAH 53, seconded by Sawatzke, carried
unanimously. Sawatzke moved to adopt Resolution #98-23 revoking a portion
of CSAH 35 in the City of Buffalo (5th Street NE, Soo Lane and 7th Street
NE from TH 25 to TH 55), seconded by Mattson, carried 5-0 on a roll call
vote.

Fingalson distributed the tabulation of quotes received for two used
rollers. Mattson moved to accept the recommendation of the Highway Engineer
to sell Unit #424 to Victor Township for $1,003.00 and to sell Unit #423
to Woodland Township for $580.00, seconded by Jude, carried 4-1 with Rose
casting the nay vote.

The bid letting for County Overlays (Contract 9801) occurred on 5-5-98.
Bid results were referred to the Transportation Committee of the Whole for
review. After review of the bids, an error was found in the Base Bid from
Buffalo Bituminous. The Base Bid + 106 Alternate was changed to $2,736,920.59.
Jude moved to award the bid to Buffalo Bituminous, Alternate B Base Bid
with 106 Alternate included. County Rd. 106 overlay (from CSAH 7 to CSAH
8) will be deleted (by reduced quantities) so that the reclamation process
can be completed on CSAH 6 (prior to patching) and stay within budget parameters.
Motion carried 5-0 on a second by Sawatzke. Discussion followed on directing
the Highway Department to have bids sent out earlier next year. Jude referenced
a problem the Planning & Zoning Department has experienced with issuing
CUP's. Fingalson said most contractors have contacted the Highway Department
by January and they receive a listing of projects and quantities. Jude said
he would like the projects moved up. Fingalson referenced his requests for
additional personnel the last few years in an effort to accommodate such
requests. Consensus was that a Bidders Conference should be held and that
bids should be moved up next year.

On a motion by Mattson, second by Russek, roll call vote carried 5-0
to adopt Resolution #98-24 adopting the prioritization for bridge construction
as presented.

Sawatzke moved to adopt Resolution 98-25 adopting the Five-Year Highway
Improvement Program as presented, seconded by Russek. Mattson indicated
that he would vote against the resolution as the Highway 6 project has been
moved to a lower priority. Sawatzke noted that very few people attended
last Thursday's Public Hearing on the Five-Year Plan and commended the Highway
Department for their efforts in prioritizing projects and putting together
the Plan. Russek said that overall, Wright County has a good highway system
and that may be why few comments are received. Cities and townships were
notified of the Public Hearing and most were not represented. Roll call
vote carried 4-1 with Mattson casting the nay vote.

A Building Committee Of The Whole meeting was held on 5-5-98. A summary
of the minutes follows:

Project Update: Project meetings continue to be held. Samples of lettering
were reviewed. Consensus was to proceed with recommended lettering (brushed
aluminum) for the exterior signs of Human Services Center and Public Works.
The exterior light fixture shield colors is to match the dark bronze on
the Human Services Center. Consensus was for Scott Builders to contact
the American Legion to obtain proper flag protocol information and forward
it to Engel. KUE has submitted a draw request for $120,192 which will be
reviewed by Engel. No additional voice/data jacks are required. Committee
recommendation was to remove sheetrock which has been affected from a pipe
leak and to spray the insulation with a solution which kills mold spores.
Other items which will be addressed further include floor patching and a
grade problem at the South entrance that does not meet ADA requirements
(Human Services Center). Committee consensus was to direct Public Works
to compile a list for the next meeting of anything in the Public Works Building
that could be salvaged after the move. Exterior painting of the Human Services
Center will be looked into. Regarding the move of Public Works staff to
the Human Services Center, general consensus was for the move not to occur
prior to final inspection. Scott was directed to research whether a $90
credit would be received for carpeting (Public Works). Hayes will provide
the Board with a copy of the floor plan indicating what will be moved from
Human Services. Patching of the Human Services Center Roof will be completed
by Building Maintenance staff.

Option Items, Collins Communications Bid: A Voice/Data Project Schedule
and Cost Summary was distributed. The item "Voice-optional options
(phone sets)-$1500" was removed from the list. Discussion primarily
centered on paging enhancements and additional phone sets. The Board felt
the Communications Committee should review additional phones sets and computers
on an individual basis in accordance with normal procedure and will be on
hold awaiting additional information from Mleziva. Discussion involved
the timetable for the Public Works move scheduled for July 9 and 10 and
mobilization costs if work is done by mid June. Also discussed was the use
of cell phones for conducting business and whether computers would be operational
on that date. The Board will be kept updated as to the time schedule. The
City of Buffalo would like a letter of intent from the County regarding
fiber strands. No costs would be incurred until actual use of the service.
The Board gave direction for a letter of intent to be sent to the City
of Buffalo on the use fiber optics in the Public Works Building. Rose summarized
the Board's support for Swing to proceed according to schedule, to obtain
more information on enhancement, and to notify Collins Communications that
Public Works will not move until after July 1st. Rose reported a $650 water
access charge for the sprinkling system.

At today's meeting, Jude moved to acknowledge the report with no action
items, seconded by Russek, carried 5-0.

On a motion by Mattson, second by Jude, all voted to set a Personnel
Committee Of The Whole Meeting for 6-3-98 at 10:00 A.M. for Parks Administrator
Interviews.

Sawatzke moved to adopt Resolution #98-26 authorizing signature on the
grant applications to the DNR for the development and maintenance funds
for the Wright County Snowmobile Association for the 1998-1999 season, seconded
by Russek, carried 5-0 on a roll call vote.

Jude moved to appoint Sue Johnson to the Extension Committee representing
District 1, seconded by Sawatzke, carried 5-0.

Jude moved to authorize signatures on the Emergency Shelter Grant Program
application as submitted by the Wright County Community Action Agency, seconded
by Sawatzke. This will not involve County funds or administrative time.
Motion carried 5-0.

The SWCD Board requested a meeting with the Wright County Board to obtain
direction on the Feedlot Ordinance registration. Norman will contact the
SWCD Board with a suggested date of 5-27-98 at 7:00 p.m. This will be referred
to the next County Board meeting.